1. Is the patent national or provincial?
Patent applications in China are sometimes handled by provincial patent offices and sometimes directly by the State Patent Office. Therefore, according to the level handled by the patent office, there are provincial patents and national patents. But in fact, the patent offices in all provinces are directly under the State Patent Office, and there is no division between provincial and national level, which means that there are only types of patents in China, but no grades.
There are three kinds of patents that can be applied for in China, namely invention patents, utility model patents and design patents. Among them, the invention patent has the highest gold content, and it is of course the most difficult to apply. It needs to pass the substantive examination before authorization, and the application cycle takes about 2-3 years. Therefore, when we are not sure about technology in the research of invention patents, we can focus on utility model patents or design patents. Comparatively speaking, utility model patents are more popular.
When applying for the title of patent evaluation, the invention patent will definitely get the highest score, because there is no denying where the technical requirements are. Moreover, the evaluation unit's requirements for patents are only in terms of patent type, patent author position and patent authorization certificate, not patent level. If you need to get the title patent quickly, you can use the way of patent transfer, you can ask us to recommend arrangements and go through professional procedures.
2. What are the individual patent application processes?
1, consulting. Communicate with us and consult the knowledge about patents to understand the basic process and theory;
2. Write a technical disclosure. We will keep your technical disclosure strictly confidential;
3, China patent retrieval, pay the retrieval fee first. Objective: To preliminarily confirm the novelty of China's patent application; Prevent infringement of others' patent rights in China. Operation: Search for China patents (i.e. patents in China and patents that foreigners apply for and publish or announce in China). Search fees and translation fees are charged respectively for searching foreign language patents. The invention patent is not guaranteed to be granted after retrieval, mainly to find the existing technical documents similar to the invention.
4. Special agent. General agent: basic agency fee is charged. Expedited agency: 40% of the basic agency fee is charged. According to the original materials provided by the applicant, write the application documents in accordance with relevant regulations.
5. Acceptance: The State Patent Office will send back the Notice of Acceptance after receiving the mailed or submitted application documents, and the applicant will pay the application fee to the China Patent Office at the same time as receiving the Notice of Acceptance or within two months from the date of application. If the application is slow, I will pay at the slow rate and pay the handling fee I received. Failing to pay within the time limit shall be deemed to have withdrawn the patent application.
6. Preliminary examination: The State Patent Office conducts a preliminary examination of the submitted application documents. The applicant shall pay the examination fee to the Patent Office when receiving the Notice of Qualified Preliminary Examination or within 3 years from the date of application. The examination fee is 2500 yuan. If the applicant enjoys a mitigated treatment, it shall be paid according to the mitigated proportion. At the same time, the handling fee I received was 150 yuan. Paying this review fee early can enter the review process early. If the examination fee is not paid within the time limit, the patent application shall be deemed to have been withdrawn.
After receiving the application documents sent by post or submitted, the State Patent Office will send back the Notice of Acceptance. After receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of application if it is found to be in conformity with the provisions of the Patent Law after preliminary examination.
Article 6 of the patent law
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.
Article 7
No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
3. What are the conditions for the patent licensing contract to take effect?
1. Patent licensing contract is essentially a civil contract. As long as the legal conditions are met and there is no invalid situation, it is legal and effective.
Contract law:
Article 44 A legally established contract shall come into force upon its establishment.
Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.
Article 52 A contract is invalid under any of the following legal circumstances:
(1) One party enters into a contract by means of fraud or coercion, which harms the national interests;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
2. After signing the patent licensing contract, it shall be put on record.
Article 15 Where the patent right is transferred for other reasons except those specified in Article 10 of the Patent Law, the parties concerned shall go through the formalities for the change of the patentee in the State Council with relevant supporting documents or legal documents.
The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect.
Article 88 The patent administrative department of the State Council shall set up a patent register to register the following matters related to patent applications and patent rights:
(4) Filing of patent licensing contracts;
Article 89 The patent administration department of the State Council regularly publishes patent bulletins and publishes or announces the following contents:
(10) filing of patent licensing contract;
Filing does not affect the validity of the contract. Filing is just a way for the state to manage patent licensing.
3. If it is not filed, it will have a certain impact on the rights of the licensee. For example:
Some provisions of the Supreme People's Court on the application of laws to stop patent infringement before litigation
Article 4 When making an application, an applicant shall submit the following evidence:
(2) The interested party shall provide the patent licensing contract and relevant certification materials filed with the patent administration department in the State Council, the certificate of the patentee or other evidence to prove that he enjoys the rights that have not been filed.
4. The law clearly stipulates that the signing of a patent licensing contract shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect.
The above is the related content of whether the patent is national or provincial for you. We can know that the patent offices in all provinces are directly under the State Patent Office, and there is no division between provincial and national level, that is, there are only types of patents in China, but no grades. This knowledge is not difficult to understand, but it is also very important.